§ 21-142.10 — Award of compensation - Criteria - Amount - Denial,

Oklahoma § 21-142.10

• Jurisdiction: Oklahoma
• Title 21: Crimes And Punishments

Text

withdrawal or reduction - Reconsideration. A. Compensation shall not be awarded: 1. Unless the claim has been filed with the Crime Victims Compensation Board within thirty (30) months after the injury or death upon which the claim is based. If the victim is under a mental or cognitive disability or is a child under eighteen (18) years of age, the Board may use the date the criminal incident was disclosed to a responsible adult when establishing whether or not the claim was timely filed. In cases involving sexual assault of an adult eighteen (18) years of age or older, the Board may use the date the sexual assault forensic evidence kit was tested when establishing whether the claim was timely filed. The Board may, at its discretion, extend the filing period beyond one (1) year upon a showing of good cause or in all cases of sexual assault; 2. To a claimant who was the offender, or an accomplice of the offender; 3. To another person if the award would unjustly benefit the offender or accomplice; or 4. Unless after the criminally injurious conduct resulting in injury or death: a. such conduct was reported to a law enforcement officer within seventy-two (72) hours after its occurrence, b. in the case of sexual assault, the victim undergoes a forensic medical examination within one hundred twenty (120) hours after its occurrence, or c. the Board finds there was good cause for the failure to report the crime or obtain a forensic medical examination within the time specified in subparagraph a or b of this paragraph. B. Compensation otherwise payable to a claimant shall be diminished to the extent: 1. That the economic loss is recouped from collateral sources; or 2. Of the degree of responsibility for the cause of the injury or death attributable to the victim as determined by the Board. Provided, a self-inflicted injury shall not be attributable to the victim when the Board finds the injury is a direct result of the crime committed against the victim. C. The Board, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, may deny, withdraw or reduce an award of compensation. Victims of sexual assault who undergo a forensic medical examination within one hundred twenty (120) hours after the sexual assault shall be found to have fully cooperated. The Board may extend this period of time for good cause. D. The Board, on its own motion or on request of the claimant, may reconsider a decision granting or denying an award or determining its amount. The motion or request to reconsider a decision shall be made within six (6) months from the date of the last action by the Board on the claim at issue. An order on reconsideration of an award shall not require a refund of amounts previously paid unless the award was obtained by fraud. The right of reconsideration does not affect the finality of a Board decision for the purpose of judicial review. On claims which are denied by the Board, reconsideration may only be granted within six (6) months of the last Board action. E. The provisions of subsections A and B of this section shall not apply to claimants eligible for compensation pursuant to the Murrah Crime Victims Compensation Act who make claims under the Oklahoma Crime Victims Compensation Act.

Legislative History

Added by Laws 1981, c. 93, § 10. Amended by Laws 1989, c. 348, § 10, eff. Nov. 1, 1989; Laws 1990, c. 93, § 2, eff. Sept. 1, 1990; Laws 1993, c. 325, § 8, emerg. eff. June 7, 1993; Laws 1995, c. 148, § 7, emerg. eff. May 2, 1995; Laws 2007, c. 171, § 4, eff. Nov. 1, 2007; Laws 2016, c. 58, § 1, eff. Nov. 1, 2016; Laws 2021, c. 72, § 2, eff. Nov. 1, 2021; Laws 2023, c. 119, § 1, eff. Nov. 1, 2023.